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re: Signing a "non-compete" almost a year after starting a job?

Posted on 3/6/15 at 8:18 am to
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 3/6/15 at 8:18 am to
quote:

In Louisiana they're perfectly legal

True
quote:

and favored in the law.

False. La wants people to be able to work, not to be stuck on welfare.
quote:

They are enforced all the time

False. Not much litigation over it.
quote:

if he refuses to sign he'll probably get fired

True
Posted by Putty
Member since Oct 2003
25501 posts
Posted on 3/6/15 at 8:24 am to
quote:

You "bartender lawyers" couldn't be more wrong. In Louisiana they're perfectly legal and favored in the law.


1. They are legal
2. They are most certainly not favored
3. Give me a gin & tonic and make it snappy.

ETA:
______________________

I have had non-competes upheld in court, with injunctions and attorneys' fees in some cases. In other cases, I have advised clients against pursuing non-compete remedies. Assuming the non-compete is valid and enforceable in accordance with the terms of R.S. 23:921, the individual circumstances will weigh heavily on how the court views the case. OP needs a lawyer if he is concerned about the ramifications of signing.
This post was edited on 3/6/15 at 8:35 am
Posted by metrueblue
Kentucky
Member since Jun 2013
89 posts
Posted on 3/6/15 at 8:26 am to
I am in KY and I don't have a dog in the fight so this is easy for me to say...but...I have refused to sign a non-compete...and got away with it. My justification was...it was not a condition of my being hired to begin with. FYI...KY is a "terminate without cause' state...so I could have gotten canned regardless.
This post was edited on 3/6/15 at 8:27 am
Posted by AngryBeavers
Member since Jun 2012
4554 posts
Posted on 3/6/15 at 8:30 am to
I wouldn't sign a damn thing if already working there.
Posted by Royal
God's Country
Member since Apr 2009
1006 posts
Posted on 3/6/15 at 8:39 am to
Sign it or they can fire you. Continued employment can be consideration for an employment contract.
Posted by Monk
Baton Rouge
Member since Aug 2007
3660 posts
Posted on 3/6/15 at 8:44 am to
No, you don't have to sign it. You can refuse and hope they won't fire you.
Posted by cattus
Member since Jan 2009
13495 posts
Posted on 3/6/15 at 8:47 am to
How do these non competes work after being let go? Understand them trying to keep a competitor from stealing me but a man has to work.
Posted by 3nOut
Central Texas, TX
Member since Jan 2013
29123 posts
Posted on 3/6/15 at 9:20 am to
my boss when i came to this job said he knew he couldn't enforce a non-compete, but he did have a document that basically said i couldn't contact a current customer of theirs for 2 years if i left on my own volition. it was a pretty fair document i felt. if they fired me, it was fair game.

my predecessor in this position went to work for a competitor full time, while remaining at my current employer part time and not telling the company. he ended up trying to get renewal business for the competitor while pretending to be from our company, so my boss was pretty burned by him.
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